Legal Opinion

Selcamerica, Inc. v. SS BARBERBROOK

District Court, S.D. New York

Decided January 17, 1975No. 74 Civ. 2947 (MP)PublishedCited by 3 opinions

1Opinion of the Court

POLLACK, District Judge.

This is a dispute between the time charterer and the owner of the S. S. BARBERBROOK as to liability for damage to a cargo of coffee caused when water entered the hold where the coffee was stowed. The time charterer and the owner, the defendants in this action, concede liability to the cargo owners and have filed cross claims for indemnity against each other. Assignment of liability depends upon interpretation and application of the terms of the charter party, binding the two co-defendants, to the facts as found by the Court.

The following facts have been largely…

2Cases cited13 opinions

  1. United States v. SeckingerSupreme Court of the United States · 1970
  2. Italia Societa Rer Azioni Di Navigazione v. Oregon Stevedoring Co.Supreme Court of the United States · 1964
  3. Nichimen Company, Inc. v. M. v. Farland, Her Engines, Boilers, Etc., and A/s Vigra, Defendants-Appellants-Appellees v. Seaboard Shipping Co., Ltd.Court of Appeals for the Second Circuit · 1972
  4. Harry Henry and Robert E. Braye, Jr. v. A/s Ocean and John P. Pederson & Sons, and Third-Party & v. Pittston Stevedoring Corporation, Third-PartyCourt of Appeals for the Second Circuit · 1975
  5. Ulster Oil Transport Corp. v. the Matton No. 20. the Petroleum No. 7. the CaruticaCourt of Appeals for the Second Circuit · 1954

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3Cited by3 opinions

  1. Continental Grain Company v. Puerto Rico Maritime Shipping AuthorityCourt of Appeals for the First Circuit · 1992
  2. Vana Trading Co., Inc. v. SS Mette SkouDistrict Court, S.D. New York · 1976
  3. Van Muching [Sic] & Co., Inc. v. M/V STAR MINDANAODistrict Court, E.D. Pennsylvania · 1985

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